The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1887-08-01
AsNER coBuRN's WILL.
History OF the Case which VIII be Ar
gued To day.


Abner Coburn died at Skowhegan Janua-
ny 5th, 1885, leaving will which was duly
probated. No appeal was taken from the
decree of the Judge of Probate admitting the
will to probate, but after the time for such
appeal had elapsed Alonzo c. Marston Of
California claimed an appeal on the ground
that he had no notice of the probate Of the
will, and further claimed that the will was
void in not being legally executed.
The appeal was denied by the Supreme
Court and in an elaborate opinion by Judge
virgin, concurred in by the other members
OF the court, the will was sustained.
In February, 1857, as the executors were
about to pay the legacies, they received let
ter from Hon. ID. ID. Stewart. counsel for
Marston. in which he says: There is no
doubt that all of the direct absolute gifts in
the win may be safely paid"
las to the legacies which provide for
funding" says Mr.. Stewart. land only the
income to be paid annually, there is some
question as to their validity. 1t is doubtful
whether such a legacy, taking all the words
together, amounts to anything more than
giving the legatee forever the income of a
certain sum Of money, leaving the title to the
principal sum not vested in anybody except
by law In the testator's heirs This may be
within the rule against perpetuities. II
needs to be carefully examined. should
have no dodbt that $4,000 out of the $780,
900 to Colby University can be safely paid
Perhaps the balance better not be paid at
present until it can be made reasonably Ger.
tain that it will be safe. should be sorry
now to have any Of these legacies fail.
II think one haiflthe fifth item $500 COO to
the American Baptist Home Mission Society
may be safely pain. 1t is to say the least
questionable whether the other half is not
void as creating trust which court Of
chancery cannot enforce because too indie
finite. The same difficulty may attach Il
item IA S30,00o-to be appropriated at thel
discretion in founding a free public library
In the town of Skowhegan. Also to item Il
Income to be expended by Woman's Aid
Society formed for that purpose. Can a court
of chancery enforce such trust as this"
doubt it."
! Thereupon the executors, through theil
counsel webb d Webb of Waterville
brought bill in equity setting out the facts
together with the letter of Mrs. Stewart land
ask the court the following questions:
1. Are the bequestsiin Item to the Maine In
sane Hospital: Item 3 to the Maine state Col
lege Of Agriculture and Mechanic Arts? Item
TO the President and Trustees of Colby Universe
tty? yalidfOr void, in whole or in part, each o.
2. Do they offend the rule against perpetui
ties?
3. Is the title to the principal sum in said sew.
era Dequests, or any part thereof OF each. vested
by law In the heirs of said Abner Coburn?
A.. II valid, have the executors any duty to
perform as to the mode of expending the same, or
are they excused from responsibility by payment
TO the legatee?
s. II valid, in whole or in part, where viii snch
requests go?
American Baptist Home Mission Socioty-valid,
or valid In whole or In part, as creating trust
which court OF chancery cannot enforce because
too indefinite, or is 1t void for other causes?
Ills the bequest to the trustees Of Bloomfield
Academy valid or void as creating trust which
acoait Of chancery cannot enforce because too
Sis the bequest to the town of Skowhsgan for
the worthy and unfortunate ETC., valid void,
uncomfortable by court of chancery?
Sand II either of said items are void In whole
or In part, where will such requests go? And IL
any o. said trusts are valid in part, which are so
valid, and In what parts?
The case will probably. be argued before
the law court today.
Webb & Webb Of Waterville, are solicitors
for the executors; w. T. Haynes aud A. M.
Robinson for Maine State College; Baker &
Cornish for Insane Asylum; Percival~ Bon
Home Missionary Society, Louise ii. Coburn.
Fannie Z. Coburn and Gasce M, Coburn; d.
u; stewart for a. :Marston, Mary c..
weston, Elia AyPooler, Francis &C. Turner,
JuiIa L:e6Dnrn, Erastus w. Marst0n, Alon-
~ Ns>4darston and Julia A. Long